2002 Minnesota Statutes

     28A.15 Exclusions. 

    Subdivision 1.  The licensing provisions of sections 28A.01 
 to 28A.16 shall not apply to the following: 

    Subd. 2.  Persons selling the products of the farm or 
 garden occupied and cultivated by them, or to persons not 
 regularly engaged in the business of manufacturing and selling 
 food and who prepare food only on order of and for sale directly 
 to the ultimate consumer, or to educational, charitable or 
 religious organizations not regularly engaged in the business of 
 manufacturing, processing, or selling food at their established 
 educational, charitable or religious institutions. 

    Subd. 3.  A farmer slaughtering personal animals, rabbits 
 or poultry, on the farmer's own farm for:  (a)  personal use; or 
 (b) the use of the farmer's immediate family. 

    Subd. 4.  Any persons required to be licensed under chapter 
 19 or trucks operating under a certificate or permit issued 
 pursuant to chapter 221 or warehouse operators, other than cold 
 storage warehouse operators, offering storage or warehouse 
 facilities for compensation. 

    Subd. 5.  Persons whose principal mode of business is 
 licensed under section 157.16 or 327.15; provided that the 
 holding of any license pursuant to section 157.16 or 327.15 
 shall not exempt any person from the applicable requirements of 
 the laws and rules administered by the commissioner, as they 
 relate to composition, standards of identity, adulteration, 
 labeling or misbranding of food. 

    Subd. 6.  Repealed, 1978 c 502 s 3 

    Subd. 7.  Persons whose principal business is not food 
 handling but who sell only ice manufactured and prepackaged by 
 another, bottled or canned soft drinks, prepackaged candy or 
 nuts at retail, or persons who for their own convenience or the 
 convenience of their employees have available for rehydration 
 and consumption on the premises such nonperishable items as 
 dehydrated coffee, soup, hot chocolate or other dehydrated food 
 or beverage. 

    Subd. 8.  A licensed pharmacy selling only food additives, 
 food supplements, canned or prepackaged infant formulae, ice 
 manufactured and packaged by another, or bottled or canned soft 
 drinks and prepackaged candy or nuts at retail. 

    Subd. 9.  An individual who prepares and sells food that is 
 not potentially hazardous food, as defined in rules adopted 
 under section 31.11, at a community event or farmers' market 
 with gross receipts of $5,000 or less in a calendar year from 
 the prepared food items.  If the food is not prepared in a 
 kitchen that is licensed or inspected, the seller must post a 
 visible sign or placard stating that:  "These products are 
 homemade and not subject to state inspection."  Prepared foods 
 sold under this subdivision must be labeled to accurately 
 reflect the name and address of the person preparing and selling 
 the foods. 

    HIST: 1971 c 339 s 15; 1974 c 2 s 2-4; 1975 c 412 s 13; 1980 c 
 509 s 17; 1985 c 237 s 1; 1985 c 248 s 70; 1986 c 444; 1987 c 
 384 art 2 s 7; 1992 c 602 s 1,2; 1996 c 407 s 21-23; 1996 c 451 
 art 4 s 70; 2002 c 383 s 1